Marijuana Versus Hemp: Keeping Legalities Straight

Marijuana Versus Hemp: Keeping Legalities Straight

As the legalization of cannabis and cannabis-related products continues to make progress, keeping legalities straight can be challenging. The rise of the cannabidiol (CBD) industry has also led to an abundance of misinformation online and in the media, making it harder for the average consumer to find the right answers to their questions. But cannabis, hemp, hemp derivatives, CBD, and marijuana continue to gain popularity, and it is important to fully understand what is legal and what is not. Below, we have put together a comparison between the legalities of marijuana and the legalities of hemp as a thorough examination and differentiation. 

March 26, 2020 , , , , ,
Ritter Spencer, PLLCMarijuana Versus Hemp: Keeping Legalities Straight
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Revised TDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements

Revised TDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements

By: Paul Stevenson

After learning the application and hemp license holder requirements in Part I of this Series and the rules and procedures regarding the sampling and testing of hemp in Part II, it is now time to turn to the TDA plan’s provisions covering violations, license suspension and revocation, hemp transportation, and hemp seed requirements. 

As a hemp license holder, if you violate the TDA plan, it is imperative to comply with any enforcement action or corrective action plan imposed by the TDA in order to avoid any further negative consequences for you and/or your hemp operations.

January 22, 2020 , , , , , ,
Ritter Spencer, PLLCRevised TDA Hemp Production Plan Part III: Violations, Hemp Transportation, and Hemp Seed Requirements
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Revised TDA Hemp Production Plan Part II: Sampling & Testing of Hemp

Revised TDA Hemp Production Plan Part II: Sampling & Testing of Hemp

By: Paul Stevenson

Now that you have read Part I of the Revised TDA Hemp Production Plan series on the application and license requirements for hemp producers, it is crucial to understand the rules and methods for the sampling and testing of hemp for tetrahydrocannabinol (“THC”) concentration levels. 

January 22, 2020 , , , , , , ,
Ritter Spencer, PLLCRevised TDA Hemp Production Plan Part II: Sampling & Testing of Hemp
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Revised TDA Hemp Production Plan Part I: License Requirements

Revised TDA Hemp Production Plan Part I: License Requirements

By: Paul Stevenson

To conform with the United States Department of Agriculture’s (“USDA”) hemp production plan, the Texas Department of Agriculture (“TDA”) proposed its own hemp production rules and regulations (the “TDA plan”) to the Texas Register in December of 2019. The proposed rules were then revised and released on Friday, January 10th, and they are open to public comment until Monday, February 10th. Comments are to be submitted to Philip Wright, Administrator for Agriculture and Consumer Protection, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to [email protected]. If dissatisfied with any provision of the TDA plan, it is highly recommended to raise and send concerns to the TDA during this window for public comment.

January 22, 2020 , , , , , ,
Ritter Spencer, PLLCRevised TDA Hemp Production Plan Part I: License Requirements
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Starting a Cannabis Company: Things to Know

Starting a Cannabis Company: Things to Know

The cannabis industry is complex and competitive, but it is also extremely appealing to young entrepreneurs and investors alike as it continues to shift away from negative stigmas and into a more defined regulatory pathway. The rapid growth of the industry attracts cultivators, extractors, retailers, and more, and like many people entering this complicated space, you may feel overwhelmed with where to begin. Whether you’re considering opening a dispensary business, a CBD business, an ancillary cannabis business, or simply obtaining a hemp license, we’ve put together a guide to starting up a cannabis company to further your understanding of the necessary moving parts and details.

January 3, 2020 , , , , , ,
Ritter Spencer, PLLCStarting a Cannabis Company: Things to Know
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4 Things to Know About Growing Hemp

4 Things to Know About Growing Hemp

Under the Final Interim USDA Hemp Production plan, several rules, requirements, and regulations pave the way for those looking to start a legal hemp farm after approval of their relevant State’s hemp-growth plan. Below, we’ve compiled four fundamentals to growing hemp, including hemp licensing, growing conditions, testing, and record-keeping, to help ensure compliance and facilitate a legal operation.  

November 15, 2019 , , , ,
Ritter Spencer, PLLC4 Things to Know About Growing Hemp
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USDA Hemp Production Plan Part III: Compliance, Violations, and Recordkeeping

USDA Hemp Production Plan Part III: Compliance, Violations, and Recordkeeping

By: Paul Stevenson

After learning the licensing requirements in Part I of this Series and the complex rules and regulations on the sampling and testing of hemp in Part II, it is now time to turn our attention to the USDA plan’s matters of compliance, violations, license suspension and revocation, and mandatory recordkeeping.

As a hemp producer, if you violate the USDA plan, it is important not to panic. Instead, focus on remedying this situation by complying with the corrective action plan or other enforcement actions imposed by USDA. 

November 15, 2019 , , , ,
Ritter Spencer, PLLCUSDA Hemp Production Plan Part III: Compliance, Violations, and Recordkeeping
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USDA Hemp Production Plan Part II: Sampling & Testing of Hemp

USDA Hemp Production Plan Part II: Sampling & Testing of Hemp

By: Paul Stevenson

Now that you have read Part I of the USDA Hemp Production Plan series on the license requirements for hemp producers, it is critical to understand USDA’s methods and regulations for the sampling and testing of hemp for tetrahydrocannabinol (“THC”) concentration levels. Keep in mind: “tetrahydrocannabinol” and “delta-9 tetrahydrocannabinol” are interchangeable phrases for THC.

November 15, 2019 , , , , ,
Ritter Spencer, PLLCUSDA Hemp Production Plan Part II: Sampling & Testing of Hemp
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USDA Hemp Production Plan

USDA Hemp Production Plan

By: Paul Stevenson

Last December, the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, was passed, which removed hemp from the Controlled Substances Act’s (“CSA”) definition of “marihuana.” The Farm Bill allows for the United States Department of Agriculture (“USDA”) to oversee and facilitate the commercial cultivation, processing, and marketing of hemp. As mandated by the Farm Bill, USDA has developed an interim final rule to establish the domestic hemp production program.

November 15, 2019 , , , ,
Ritter Spencer, PLLCUSDA Hemp Production Plan
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HB 1325: Hemp Growth in Texas; Part I: Timing

HB 1325: Hemp Growth in Texas; Part I: Timing

Yesterday, the Texas House of Representatives took a historic voice vote on HB1325 (the “Bill”).  HB1325 is an act which, if passed, will permit growth of hemp as an agricultural commodity in Texas and will allow sale of hemp products in Texas. At the voice vote, Representative King offered a floor amendment making minor changes to the Bill’s text, which was passed. Today, the House entered its formal vote for passage of HB1325.

April 24, 2019 , , , , ,
Ritter Spencer, PLLCHB 1325: Hemp Growth in Texas; Part I: Timing
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